GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 833
AN ACT TO TRANSFER THE NORTH CAROLINA FIREMEN'S AND RESCUE SQUAD WORKERS' PENSION FUND FROM THE DEPARTMENT OF STATE AUDITOR TO THE DEPARTMENT OF STATE TREASURER, AND TO MAKE THE STATE TREASURER THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE PENSION FUND.
The General Assembly of North Carolina enacts:
Section 1. The statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, of the Department of State Auditor to administer the North Carolina Firemen's and Rescue Squad Workers' Pension Fund are transferred to the Department of State Treasurer.
Sec. 2. G.S. 58-86-5 reads as rewritten:
"§ 58-86-5. Creation and membership of board of trustees; compensation.
There is created a board to be known as the 'Board of Trustees of the North Carolina Firemen's and Rescue Squad Workers' Pension Fund', hereinafter known as 'the board'.
The board shall consist of seven members:
(1) The State Auditor, Treasurer,
who shall act as chairman.
(2) The State Insurance Commissioner.
(3) The State Treasurer.
Auditor.
(4) Four members to be appointed by the Governor; one a paid fireman, one a volunteer fireman, one volunteer rescue squad worker, and one representing the public at large, for terms of four years each. These members may succeed themselves.
The members presently serving on the 'Board of Trustees of the Firemen's Pension Fund' shall continue to serve until the expiration of their terms. No member of the board shall receive any salary, compensation or expenses other than that provided in G.S. 138-6 for each day's attendance at duly and regularly called and held meetings of the board of trustees."
Sec. 3. G.S. 58-86-30 reads as rewritten:
"§ 58-86-30. 'Eligible rescue squad worker' defined; determination and certification of eligibility.
'Eligible rescue squad worker' means any member of a rescue
squad who is eligible for membership in the North Carolina Association of
Rescue Squads, Inc., and who has attended a minimum of 36 hours of training and
meetings in the last calendar year. Each rescue squad worker eligible for
membership in the North Carolina Association of Rescue Squads, Inc., must file
a roster certified by the secretary of the association of those rescue squad
workers meeting the association requirements with the State Auditor Treasurer
by January 1 of each calendar year.
'Eligible rescue squad worker' does not mean 'eligible fireman' as defined by G.S. 58-86-25, nor may an 'eligible rescue squad worker' qualify also as an 'eligible fireman' in order to receive double benefits available under this Article."
Sec. 4. G.S. 58-86-40 reads as rewritten:
"§ 58-86-40. Rescue squad worker's application for membership in funds; monthly payments by members; payments credited to separate accounts of members.
Those rescue squad workers eligible pursuant to G.S. 58-86-30
may make application to the board for membership. All persons who subsequently
become rescue squad workers may make application for membership. Each eligible
rescue squad worker upon becoming a member shall pay the director of the fund
the sum of five dollars ($5.00) per month. A rescue squad worker who, on the
date of the establishment of the fund, has service as a rescue squad worker
certified by the Department of State Auditor, Treasurer, may make
a lump sum payment of five dollars ($5.00) per month for each month of service
as an eligible rescue squad worker as defined by G.S. 58-86-30, on or before
December 31, 1983, for as many as 240 months together with interest at an
annual rate of six percent (6%).
The monthly payments shall be credited to the separate account of the member and shall be kept by the custodian so it is available for payment on withdrawal from membership or retirement."
Sec. 5. G.S. 143-166.2(d) reads as rewritten:
"(d) The term
'law-enforcement officer,' 'officer,' or 'fireman' shall mean all
law-enforcement officers employed full time by the State of North Carolina or
any county or municipality thereof and all full-time custodial employees of the
North Carolina Department of Correction and all full-time institutional and
detention employees of the Division of Youth Services of the Department of
Human Resources. The term 'firemen' shall mean both 'eligible fireman';
or 'fireman' as defined in G.S. 58-86-25 and all full-time, permanent part-time
and temporary employees of the North Carolina Division of Forest Resources,
Department of Environment, Health, and Natural Resources, during the time they
are actively engaged in fire-fighting activities; and shall mean all full-time
employees of the North Carolina Department of Insurance during the time they
are actively engaged in fire-fighting activities, during the time they are
training fire fighters or rescue squad workers, and during the time they are
engaged in activities as members of the State Emergency Response Team, when the
Team has been activated. The term 'rescue squad worker' shall mean a
person who is dedicated to the purpose of alleviating human suffering and
assisting anyone who is in difficulty or who is injured or becomes suddenly ill
by providing the proper and efficient care or emergency medical services.
In addition, this person must belong to an organized rescue squad which is
eligible for membership in the North Carolina Association of Rescue Squads,
Inc., and the person must have attended a minimum of 36 hours of training and
meetings in the last calendar year. Each rescue squad belonging to the
North Carolina Association of Rescue Squads, Inc., must file a roster of those
members meeting the above requirements with the State Auditor Treasurer
on or about January 1 of each year, and this roster must be certified to by
the secretary of said association. In addition, the term 'rescue squad
worker' shall mean a member of an ambulance service certified by the Department
of Human Resources pursuant to Article 7 of Chapter 131E of the General
Statutes. The Department of Human Resources shall furnish a list of
ambulance service members to the State Auditor Treasurer on or
about January 1 of each year. The term 'Civil Air Patrol members' shall
mean those senior members of the North Carolina Wing-Civil Air Patrol 18 years
of age or older and currently certified pursuant to G.S. 143B-491(a). The
term 'fireman' shall also mean county fire marshals when engaged in the
performance of their county duties. The term 'rescue squad worker' shall
also mean county emergency services coordinators when engaged in the
performance of their county duties."
Sec. 6. This act becomes effective July 1, 1992.
In the General Assembly read three times and ratified this the 2nd day of July, 1992.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives